Pub. L. 108-136, div. A, tit. VI, subtit. B, sec. 616
SPECIAL PAY FOR RESERVE OFFICERS HOLDING POSITIONS OF UNUSUAL RESPONSIBILITY AND OF CRITICAL NATURE.
SEC. 616. SPECIAL PAY FOR RESERVE OFFICERS HOLDING POSITIONS OF UNUSUAL RESPONSIBILITY AND OF CRITICAL NATURE.(a) Eligibility.—Section 306 of title 37, United States Code, is amended—(1) in subsection (a)—(A) by inserting “(1)” after “(a)”;(B) by striking “who is entitled to the basic pay of pay grade O–6 or below and” and inserting “described in paragraph (2)”; and(C) by adding at the end the following new paragraph:“(2) An officer of the armed forces referred to in paragraph (1) is an officer who is entitled to the basic pay under section 204 of this title, or the compensation under section 206 of this title, of pay grade O–6 or below.”;(2) by redesignating subsections (b) through (e) as subsections (c) through (f), respectively; and(3) by inserting after subsection (a) the following new subsection (b):“(b) If an officer entitled to compensation under section 206 of this title is paid special pay under subsection (a) for the performance of duties in a position designated under such subsection, the special pay shall be paid at the rate of 1⁄30 of the monthly rate authorized by such subsection for each day of the performance of duties in the designated position.”.(b) Limitation.—Subsection (d) of such section, as redesignated by subsection (a)(2) of this section, is amended—117 STAT. 1503(1) by inserting “(1)” after “(d)”;(2) in paragraph (1), as so designated, by inserting “or mobilization in support of a contingency operation” after “training”; and(3) by adding at the end the following new paragraph:“(2) Of the number of officers in the Selected Reserve of the Ready Reserve of an armed force who are not on active duty (other than for training or mobilization in support of a contingency operation), not more than 5 percent of the number of such officers in each of the pay grades O–3 and below, and not more than 10 percent of the number of such officers in pay grade O–4, O–5, or O–6, may be paid special pay under subsection (b).”.